Untitled document

Professional Boxing and Martial Arts Act 1996

Act No. 36/1996

TABLE OF PROVISIONS

Section Page

1.	Purposes	1
2.	Commencement	2
3.	Change of name of Act	2
4.	Change to purpose provision	3
5.	Substitution of section 5	3
5. Definitions	3
6.	Changes concerning licensing	6
7.	Clarification concerning promotion permits	6
8.	Substitution of section 8	7
8. Promoters, trainers, match-makers, referees and judges must

hold a licence 7

9.	Extension of licence period	8
10.	Insertion of section 9A	8
9A. Holder of licence or permit must comply with conditions

imposed 8

11.	Substitution of section 10	8
10. Person must not compete in a professional contest unless

registered	8
10A. Application for registration as a professional contestant	9
10B. Cancellation or suspension of registration	10
10C. Restriction on re-registration of previously medically unfit
professional contestant	11

12.	Abolition of position of accredited medical officer	11
13.	Substitution of section 12	11
12. Compulsory medical examinations before and after contests	11
14.	Changes concerning duties of promoters	12
15.	Changes concerning the Board	13
16.	Changes concerning delegations	14
17.	Minor consequential amendments	14
18.	Changes to penalty provisions	14
19.	Changes concerning regulations	15
20.	Substitution of Part VII	15
PART VII.—RULES	15
23. Minister may make rules	15
21.	Repeal of Martial Arts Control Act 1986	15

i

Section Page

22.	Former Board members cease to hold office	16
23.	Savings provisions	16
24.	Transitional provision concerning existing licences etc.	16
25.	Statute law revision	17

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NOTES 18

ii

Victoria

No. 36 of 1996

Professional Boxing and Martial Arts

Act 1996†

[Assented to 6 November 1996]

The Parliament of Victoria enacts as follows:

1. Purposes

The main purposes of this Act are—

(a) managers, ring-announcers, seconds and

to remove the requirement that agents, and martial arts contests hold licences and that medical practitioners involved in those contests be accredited; and

Professional Boxing and Martial Arts Act 1996

Act No. 36/1996 s. 2

(b) 1986 and to transfer certain provisions in

to repeal the Martial Arts Control Act Professional Boxing Control Act 1985; and

(c)	to rename the Professional Boxing Control Act 1985 as the Professional Boxing and Martial Arts Act 1985; and
(d)	to restructure and rename the Professional Boxing Control Board; and
(e)	to enable the Minister to make rules for the proper conduct of professional boxing and martial arts contests.

2. Commencement

(1) This section and section 1 come into operation on

the day on which this Act receives the Royal
Assent.

(2) The remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 January 1998, it
comes into operation on that day.

3. Change of name of Act

(1) In section 1 of the Professional Boxing Control Act 1985, for "Professional Boxing Control Act 1985" substitute "Professional Boxing and

Martial Arts Act 1985".

(2) Any reference to the Professional Boxing Control Act 1985 in any Act, subordinate instrument, agreement or other document is to be

read as a reference to the Professional Boxing
and Martial Arts Act 1985, unless the contrary
intention appears.

Professional Boxing and Martial Arts Act 1996

s. 4 Act No. 36/1996

4. Change to purpose provision

In section 3 of the Professional Boxing Control Act 1985, after "boxing" insert "and professional martial arts".

5. Substitution of section 5

For section 5 of the Professional Boxing Control

Act 1985 substitute—

'5. Definitions

In this Act—

"adult" means a person who is 18 years of

age or older;

"Board" means the Professional Boxing and

Martial Arts Board created under
section 14;

"boxing" means fist fighting;

"gymnasium" means any premises at or in

which professional contestants train or
receive instruction in boxing or in a
martial art;

"judge" means a person who determines the

points scored by each contestant in a
professional contest;

"licensing authority" means a person or

body in another State or Territory who
is recognised by the Minister as
exercising a power equivalent to the
power given to the Minister by this Act

to license or register a person;

"martial art" means—

(a) kickboxing; or

(b) any sport or activity (other than boxing) in which each contestant

Professional Boxing and Martial Arts Act 1996

Act No. 36/1996 s. 5

in a contest or exhibition of that
sport or activity is required to
strike, kick, hit, grapple with,
throw or punch the other
contestant, and that is determined
by the Minister to be a martial art
for the purposes of this Act;

"match-maker" means a person who acts

on behalf of a promoter to arrange
professional contests between particular
professional contestants;

"medical practitioner" means a registered

medical practitioner within the meaning
of the Medical Practice Act 1994;

"professional boxing contest" means any

contest or exhibition of boxing
(including an exhibition of sparring)—

(a) that is conducted for profit; or

(b)	in which the contestants participate for a monetary reward; or
(c)	to which the public is admitted on the payment of a fee for admission, except if the fee is charged—

(i)	for a public charitable purpose; or
(ii)	by, or conducted under the control of, the Victorian Amateur Boxing Association

for an event that is organised Union of Australia;

Professional Boxing and Martial Arts Act 1996

s. 5 Act No. 36/1996

"professional contest" means any professional boxing contest or professional martial art contest;

"professional martial art contest" means any contest or exhibition of a martial art—

(a) that is conducted for profit; or

(b)	in which the contestants participate for a monetary reward; or
(c)	to which the public is admitted on the payment of a fee for admission, except if the fee is charged—

(i)	for a public charitable purpose; or
(ii)	administration of an association recognised by the

for the purposes of the association;

"professional contestant" means—

(a)	a boxer who boxes in any professional boxing contest; or
(b)	a person who competes in a professional martial art contest;

"promoter" means any person who

promotes a professional contest;

"promotion" means an event consisting of one or more professional contests and includes any preliminary arrangements

in connection with such an event;

Professional Boxing and Martial Arts Act 1996

Act No. 36/1996 s. 6

"referee" means a person who controls, or exercises any form of control, over the conduct of professional contestants

during a professional contest;

"trainer" means a person who supervises

the training or instruction of a professional contestant or who accompanies a professional contestant
into the ring or on to the contest arena
to give advice or assistance during a

professional contest.'.

6. Changes concerning licensing

(1) In section 6(1) of the Professional Boxing

Control Act 1985, for "manager, trainer, match-
maker, referee, agent, ring announcer, second,
time-keeper or judge" substitute "trainer, match-
maker, referee or judge".

(2) For sections 6(3), (4), (5) and (6) of the Professional Boxing Control Act 1985 substitute—

"(3) The Minister must issue a licence to act as a

promoter, trainer, match-maker, referee or
judge to any person who satisfies the
prerequisites required by the regulations for
the issue of the licence.

(4) The Minister must renew the licence of any

promoter, trainer, match-maker, referee or
judge who satisfies the prerequisites required
by the regulations for the renewal of the
licence.".

7. Clarification concerning promotion permits

(1) In section 7(2) of the Professional Boxing

Control Act 1985, after "issue a permit" insert
"to conduct the promotion".

Professional Boxing and Martial Arts Act 1996

s. 8 Act No. 36/1996

(2) For section 7(3) of the Professional Boxing

Control Act 1985 substitute—

"(3) A person must not conduct a promotion

unless the person holds a permit issued under

this section in relation to the promotion.

Penalty:  120 penalty units or imprisonment
for 12 months or both.".

8. Substitution of section 8

For section 8 of the Professional Boxing Control
Act 1985 substitute—

"8. Promoters, trainers, match-makers,

referees and judges must hold a licence

(1) A person must not act as a promoter, trainer,

match-maker, referee or judge unless the
person holds the appropriate licence issued
under section 6.

Penalty:  120 penalty units or imprisonment
for 12 months or both.

(2) However, the following people do not need to hold a licence—

(a)	a person resident outside the Commonwealth who is nominated by a boxing body or martial art body outside the Commonwealth to act as a referee or judge for a professional contest in Victoria;
(b)	registered professional contestant who

a trainer accompanying a licensed or who is in Victoria to compete in a professional contest;

Professional Boxing and Martial Arts Act 1996

Act No. 36/1996 s. 9

(c)	an adult who is licensed or registered as a trainer, match-maker, referee or judge in respect of professional contests in
another State or Territory by a licensing authority.

(3) Sub-section (2) does not apply to a person who has been given a written notice by the Minister stating that sub-section (2) does not

apply to the person.".

9. Extension of licence period

(1) In section 9 of the Professional Boxing Control

Act 1985, for "twelve months" substitute "3 years".

(2) Section 9(6) of the Professional Boxing Control

Act 1985 is repealed.

10. Insertion of section 9A

After section 9 of the Professional Boxing
Control Act 1985 insert—

"9A. Holder of licence or permit must comply

with conditions imposed

The holder of a licence or permit under this apply to the licence or permit.

Penalty:  120 penalty units or imprisonment
for 12 months or both.".

11. Substitution of section 10

For section 10 of the Professional Boxing
Control Act 1985 substitute—

"10. Person must not compete in a professional

contest unless registered

(1) A person must not compete in a professional contest unless he or she is currently

Professional Boxing and Martial Arts Act 1996

s. 11 Act No. 36/1996

registered to compete in professional
contests of that nature as a professional

contestant.

Penalty:  120 penalty units or imprisonment
for 12 months or both.

(2) However, an adult who is registered or licensed as a professional contestant in another State or Territory by a licensing

authority is not required to be registered
under this Act.

(3) Sub-section (2) does not apply to a person who has been given a written notice by the Minister stating that sub-section (2) does not

apply to the person.

10A. Application for registration as a
professional contestant

(1) A person may apply to the Minister to be

registered as a professional contestant or to
have his or her registration renewed.

(2) An application—

(a)	must be in the form set out in the regulations; and
(b)	applying seeks registration to compete

must specify whether the person professional martial art contests; and

(c)	must be accompanied by the fee required by the regulations; and
(d)	must be accompanied by a certificate of fitness for boxing or participation in martial art contests signed by a medical practitioner and given within 14 days before the application is submitted.

Professional Boxing and Martial Arts Act 1996

Act No. 36/1996 s. 11

(3) The Minister must register, or renew the registration of, a person as a professional contestant if the person is an adult and

complies with sub-section (2) and satisfies
any relevant prerequisites required by the
regulations.

(4) Registration remains in force for 3 years and may be renewed.

10B. Cancellation or suspension of registration
(1) If it appears to the Minister from a medical

practitioner's certificate or declaration that a registered professional contestant is not fit to engage in professional contests or in a

particular professional contest, the Minister

must—

(a) suspend the contestant's registration until the contestant is able to satisfy the Minister that he or she is fit to engage in professional contests; or

(b) cancel the contestant's registration.

(2) If a registered professional contestant—

(a)	contravenes any provision of this Act or the regulations; or
(b)	competes in a professional contest after a medical practitioner has declared the contestant to be unfit to engage in the professional contest; or
(c)	contravenes any provision of a law of another State or Territory that corresponds with a provision of this Act or the regulations—

Professional Boxing and Martial Arts Act 1996

s. 12 Act No. 36/1996

the Minister may suspend the contestant's
registration for any period the Minister
thinks appropriate or may cancel the
contestant's registration.

10C. Restriction on re-registration of previously medically unfit professional contestant

If a person's registration as a professional
contestant has been cancelled or suspended
under section 10B(1), the Minister must not
re-register, or remove the suspension of, the
person unless the person gives the Minister 2
certificates of fitness for boxing or
participation in martial art contests signed by
different medical practitioners and each
given within 7 days before the application
for re-registration or removal of the

suspension is submitted.".

12. Abolition of position of accredited medical officer

Section 11 of the Professional Boxing Control

Act 1985 is repealed.

13. Substitution of section 12

For section 12 of the Professional Boxing
Control Act 1985 substitute—

"12. Compulsory medical examinations before

and after contests

(1) A professional contestant must submit

himself or herself to a medical practitioner
for examination within 24 hours before, and
within 24 hours after, a professional contest
and at any other time before a professional
contest that the Minister directs in a

particular case.

Penalty:  120 penalty units or imprisonment
for 12 months or both.

Professional Boxing and Martial Arts Act 1996

Act No. 36/1996 s. 14

(2) A medical practitioner who conducts a

medical examination for the purposes of this
section must conduct the examination, and
record the results, in accordance with the

regulations.

Penalty:  120 penalty units or imprisonment
for 12 months or both.

(3) If the medical practitioner finds a

professional contestant to be unfit to engage
in any proposed professional contest, the

medical practitioner—

(a)	must declare the professional contestant to be unfit; and
(b)	must as soon as is practicable notify the contestant, the promoter of that contest and the Minister of the declaration; and
(c)	must complete and forward to the Minister a report in writing of the examination.
Penalty:	120 penalty units or imprisonment for 12 months or both.

(4) A person who is not required to be registered under this Act because he or she is registered or licensed as a professional contestant in

another State or Territory must comply with
this section as if he or she were registered

under this Act.".

14. Changes concerning duties of promoters

In section 13 of the Professional Boxing Control

Act 1985—

(a)	for "boxing contest which he" substitute "contest that he or she";
(b)	in paragraph (a), for "boxers" (wherever occurring) substitute "contestants";

Professional Boxing and Martial Arts Act 1996

s. 15 Act No. 36/1996

(c)

in paragraph (d), for "an accredited medical practitioner";

(d) for "20 penalty units or imprisonment for six" substitute "120 penalty units or imprisonment for 12".

15. Changes concerning the Board

(1) In section 14(1) of the Professional Boxing

Control Act 1985, for "Control" substitute "and

Martial Arts".

(2) For section 14(2) of the Professional Boxing

Control Act 1985 substitute—

"(2) The Board must have at least 5 members, but

cannot have more than 7 members.

(2A) The Board consists of—

(a) a Chairperson; and

(b)	a member of the police force of Victoria; and
(c)	up to 5 people who, in the opinion of the Minister, have a good knowledge of boxing, or one or more of the martial arts.

(2B) All members of the Board are to be

appointed by the Minister.

(2C) A member of the Board is entitled to be paid

the fees, allowances and expenses fixed by
the Governor in Council.".

(3) In section 14(5) of the Professional Boxing

Control Act 1985—

(a) in paragraph (a), for "boxing" substitute "contests";

(b) at the end of the section insert—

Professional Boxing and Martial Arts Act 1996

s. 16
s. 18

Act No. 36/1996

"; and

(c) development of rules under

to advise the Minister on the administration of those rules.".

(4) After section 14(8) of the Professional

Boxing Control Act 1985 insert—

"(8A) A matter cannot be decided at a

meeting of the Board unless more than
half of its current members are

present.".

(5) In section 14(9) of the Professional Boxing

Control Act 1985, for "shall determine" substitute "may otherwise regulate".

16. Changes concerning delegations

(1) In section 15(1) of the Professional Boxing

Control Act 1985, for "or to the Director-General of Sport and Recreation" substitute ", a member of the Board or an officer of the Department of State Development".

(2) Section 15(9) of the Professional Boxing Control Act 1985 is repealed.

17. Minor consequential amendments

In section 16 of the Professional Boxing Control

Act 1985—

(a)	in paragraph (e), for "boxer" substitute "contestant";
(b)	in paragraph (f), for "boxer—" substitute "professional contestant.";
(c)	omit all words and expressions after paragraph (f).

18.  Changes to penalty provisions

Professional Boxing and Martial Arts Act 1996

Act No. 36/1996

In the Professional Boxing Control Act 1985—

(a) section 17 is repealed;

(b) in section 18, for "40 penalty units" substitute "120 penalty units".

19. Changes concerning regulations

In section 22(1) of the Professional Boxing

Control Act 1985—

(a)	paragraphs (b), (c), (e) to (h) and (o) are repealed;
(b)	for paragraph (j) substitute— "(j) regulating the contractual relationships

between trainers, promoters and

professional contestants;";

(c) in paragraph (k), for "boxers" substitute "contestants".

20. Substitution of Part VII

For Part VII of the Professional Boxing Control

Act 1985 substitute—

"PART VII.—RULES

23.

Minister may make rules Board, make rules for the proper conduct of professional contests.".

21. Repeal of Martial Arts Control Act 1986

The Martial Arts Control Act 1986 is repealed.

Professional Boxing and Martial Arts Act 1996

Act No. 36/1996 s. 22

22. Former Board members cease to hold office

(1) The members of the Martial Arts Board cease to

hold office.

(2) The members of the Professional Boxing Control Board cease to hold office.

23. Savings provisions

(1) The Professional Boxing and Martial Arts Board
is the successor in law of the Martial Arts Board.

(2) Any reference to the Martial Arts Board in any Act, subordinate instrument, agreement or other document as far as it relates to any period after the

commencement of this section is to be treated as a
reference to the Professional Boxing and Martial

Arts Board unless the contrary intention appears.

(3) For all relevant legal purposes, the Professional

Boxing and Martial Arts Board is to be taken to be the same body as the Professional Boxing Control Board was before section 15 came into operation
in spite of any of the changes made to its name,
structure and operation by this Act, and no matter
or thing is to be affected because of those
changes.

24.  Transitional provision concerning existing licences etc.

(1) Any licence, permit or registration under the

Professional Boxing Control Act 1985 in force immediately before this section comes into operation expires on the date it would have expired had section 9 or 11 not come into operation.

(2) Any licence, permit or registration under the

Martial Arts Control Act 1986 in force immediately before this section comes into operation is to be treated as if it had been issued

Professional Boxing and Martial Arts Act 1996

s. 25 Act No. 36/1996

or granted under the Professional Boxing and permit or registration expires on the date it would have expired had section 9 or 11 not come into operation.

(3) For the purposes of sub-section (2), a martial art

instructor's licence is to be treated as if it had been issued as a trainer's licence under the Professional Boxing and Martial Arts Act 1985.

25. Statute law revision

In the Professional Boxing Control Act 1985, section 4 is repealed.

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Professional Boxing and Martial Arts Act 1996

Act No. 36/1996 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 12 September 1996

Legislative Council: 16 October 1996

The long title for the Bill for this Act was "to amend and rename the
Professional Boxing Control Act 1985 and to repeal the Martial Arts
Control Act 1986 and for other purposes."